SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(SC) 1312

K.RAMASWAMY, B.L.HANSARIA
Mohan Lal (Deceased) Through His Lrs. Kachru – Appellant
Versus
Mirza Abdul Gaffar – Respondent


Advocates:
B.S.BANTHIA, S.K.Gambhir

( 1 ) THIS appeal by special leave arises from the judgment and decree of the Madhya Pradesh High Court in Second Appeal No. 460/75 made on 30, 1986 (sic ).

( 2 ) IT is not necessary to elaborate all the facts in detail. Suffice it to state that the appellant had come into possession of the suit-lands pursuant to an agreement of sale dated 8/03/1956. He paid part consideration of Rs. 500. 00 and obtained possession of the lands. Subsequently, the respondent purchased the lands by sale deed dated 23/03/1960. In the meanwhile, the appellants suit for specific performance of the contract for sale was dismissed and because final. The respondent filed the suit for possession which has given rise to this appeal. The trial Court decreed the suit. On appeal, it was reversed and dismissed. In second appeal, the High Court set aside the judgment and degree of the appellate Court and restored the decree of the trial Court. Thus this appeal by special leave.

( 3 ) THE only question is whether the appellant is entitled to retain possession of the suit property. Two pleas have been raised by the appellant in defence. One is that having remained in possession from 8/03/1956, he has perfected his






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top